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1 year later: A look back at Obama’s support for marriage

Observers say announcement helped lead to success at the ballot

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Barack Obama, White House, Democratic Party, gay news, Washington Blade
Barack Obama, White House, Democratic Party, gay news, Washington Blade, Robin Roberts

President Obama comes out for marriage equality in an ABC News interview (Official White House photo by Pete Souza)

Amid cheers over recent marriage equality victories in Rhode Island and Delaware, supporters of same-sex marriage are marking the one-year anniversary of President Obama coming out for marriage equality, calling it a milestone that helped lead to the successes of the past year.

It was a year ago, on May 9, 2012, when Obama declared in an interview with ABC News’ Robin Roberts that he had grown to support same-sex marriage.

“At a certain point, I’ve just concluded that, for me personally, it is important for me to go ahead and affirm that I think same-sex couples should be able to get married,” Obama said.

The decision, Obama said, came as the result of speaking with gay members of the armed forces during the debate on “Don’t Ask, Don’t Tell” and realizing they should have equal access to the institution of marriage.

But the president was careful to limit the scope of his support. Obama said he was hesitant to make an announcement in favor of marriage equality because he “didn’t want to nationalize the issue” and maintained that he believes the marriage issue remains one best left to the states.

And the announcement wasn’t spontaneous. The president endorsed same-sex marriage after saying for 19 months he was in a state of evolution on the issue. Obama finally made the announcement just three days after Vice President Joseph Biden said on NBC’s “Meet the Press” that he’s “absolutely comfortable” with married same-sex couples having the “same exact rights” as others.

Obama’s endorsement of marriage equality was seen as a watershed moment because no sitting U.S. president had ever come out for marriage equality and supporters of same-sex marriage hoped his words would influence others to join the president in completing their evolution on the issue.

Arguably, that happened. In the days after the announcement, a Washington Post-ABC News poll found that a majority of black Americans, 59 percent, had also come to support same-sex marriage — up 18 points after the president’s announcement.

Dan Pinello, who’s gay and a political scientist at the City University of New York, identified this growth in support of marriage equality among black Americans as one of the most immediate consequences of Obama’s endorsement of marriage equality.

“Polling data show a statistically significant increase in support for same-sex marriage among black respondents for the periods immediately before and after Obama’s announcement,” Pinello said. “In turn, this increased support probably was crucial in a state with a large African-American-voter contingent like Maryland, which narrowly approved of gay nuptials last November.”

The growth in support isn’t limited to black Americans. Another widely noticed poll in March from Washington Post-ABC News found that 58 percent of the American public had come to support same-sex marriage.

And in the wake of the president’s announcement, substantive changes were seen in favor of marriage equality throughout the country. For the first time ever, the Democratic Party platform in 2012 endorsed marriage equality. In another first, voters legalized same-sex marriage in Maine, Maryland and Washington State at the ballot in November, while voters in Minnesota rejected a state constitutional amendment banning same-sex marriage. In the past week, Rhode Island and Delaware became the latest to join other states in legalizing marriage equality.

Moreover, a bevy of U.S. senators have followed in Obama’s tracks by coming out for same-sex marriage. The ones who have come out since the beginning of this year include Sens. Claire McCaskill (D-Mo,), Mark Warner (D-Va.) and Kay Hagan (D-N.C.) as well as Republicans Rob Portman (Ohio) and Mark Kirk (Ill.). Now all but three members of the Democratic caucus — Sens. Joe Manchin (D-W.Va.), Mary Landrieu (D-La.) and Mark Pryor (D-Ark.) — back marriage equality.

Pinello said Obama articulating his views a year ago in favor of marriage equality helped set the tone for the Democratic Party that has enabled other lawmakers to come out for same-sex marriage.

“The president set a standard for the Democratic Party, encouraging its other officeholders to emulate his leadership on the issue,” Pinello said. “For example, I doubt that there would be nearly unanimous support for marriage equality among Democrats in the U.S. Senate today without Obama’s action a year ago.”

On Wednesday, White House Press Secretary Jay Carney reflected on the president’s current views on marriage equality when asked by Sirius XM Radio’s Jared Rizzi if Obama still thinks that state-by-state is the best way to address the issue in the wake of Delaware becoming the 11th state with same-sex marriage on the books.

“There has been enormous progress made,” Carney said. “I think that the facts, as you just recited them, demonstrate the progress made. The president’s views are known. He’s expressed them. Our views on issues like DOMA and Prop 8 have been expressed in legal filings, so I’ll point you to those. For him, it’s a fundamental issue of equal rights, and that’s why he has taken the position that he has taken. But for our legal approach to these issues, I would refer you to the Department of Justice.”

But Obama hit another milestone on Election Day six months after his announcement by winning re-election to the White House despite predictions that coming out for marriage equality would jeopardize his re-election prospects. Although he didn’t win as he did in 2008 North Carolina, a state with a significant evangelical population, Obama walloped Mitt Romney in the electoral college by taking 332 votes in the Electoral College compared to Romney’s 206.

Fred Sainz, vice president of communications for the Human Rights Campaign, said Obama’s victory after coming out for marriage equality is having a major impact as LGBT advocates push more states to legalize same-sex marriage.

“The president proved that elected officials — at the highest of levels — could be for marriage, campaign on it and be reelected, in fact, based on their support,” Sainz said. “Without that shining example, we may not have the number of senators we do today or have been able to recruit the legislators we need to support marriage in Rhode Island and Delaware and soon in Minnesota and Illinois.”

Obama’s support for marriage equality hasn’t been limited to his words in that May interview. Days before the election, newspapers in Maryland, Maine and Washington State published statements from his campaign urging voters in those states to legalize marriage equality at the ballot. After Obama endorsed legislation in favor of marriage equality in Illinois, Organizing for Action, the successor organization to the Obama campaign, sent out action alerts to its members in the state calling on them to help pass the marriage equality legislation.

Most notably, Obama raised the bar on his position in favor of same-sex marriage by having his Justice Department file a friend-of-the-court brief in the pending lawsuit before the Supreme Court challenging California’s Proposition 8. That brief argued the ban on same-sex marriage in California was unconstitutional and suggested similar bans in other states were unconstitutional.

Even before Obama endorsed marriage equality, his administration had already stopped defending the Defense of Marriage Act in court in addition to aiding litigation by filing briefs and arguing against the law in oral arguments.

John Aravosis, who’s gay and editor of AMERICAblog, said Obama has done a “pretty good job” in acting on his position in favor of marriage equality, but added he could do more — particularly in advocating for immigration reform that would enable gay Americans to sponsor foreign spouses for residency within the country.

“If we sort of think through the things that we wanted him to do in the last year on marriage, he’s done a lot of them,” Aravosis said. “The only one I can think of [him not doing] is putting his foot down on immigration reform and saying, ‘This shall not pass if you discriminate against gays.’ It’s the only one I can think of off the top of my head where he needs to do a better job in terms of putting his foot down.”

Aravosis added to some degree the onus is on the LGBT community in terms of “coming up with the list of pro-marriage needs to do” because “rabble-rousing” on the legal briefs in the Prop 8 case eventually led the administration to file them.

It remains to be seen what impact the president’s words will have in future battles over marriage equality. Will lawmakers in Minnesota and Illinois heed Obama’s words as they consider whether to become the 12th and 13th states to legalize same-sex marriage? Will the U.S. Supreme Court draw upon President Obama’s words in rulings against the Defense of Marriage Act and Prop 8?

Evan Wolfson, president of Freedom to Marry, said he expects Obama’s words from a year ago to continue to have an impact in anticipation of the Supreme Court decision and future legislative wins.

“The president’s strong support for the freedom to marry adds to the case we are making in the Supreme Court, signaling to the justices that America is ready for the freedom to marry and they can do the right thing knowing that not only will history vindicate them, but the public will embrace a right ruling,” Wolfson said. “And we’ve already seen how the president’s leadership — and resonant explanation of how he changed his mind  — adds to the momentum in state battles, ongoing and to come.”

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Politics

Survey finds support for Biden among LGBTQ adults persists despite misgivings

Data for Progress previewed the results exclusively with the Blade

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Former President Donald Trump and President Joe Biden (Washington Blade photo by Michael Key)

A new survey by Data for Progress found LGBTQ adults overwhelmingly favor President Joe Biden and Democrats over his 2024 rival former President Donald Trump and Republicans, but responses to other questions may signal potential headwinds for Biden’s reelection campaign.

The organization shared the findings of its poll, which included 873 respondents from across the country including an oversample of transgender adults, exclusively with the Washington Blade on Thursday.

Despite the clear margin of support for the president, with only 22 percent of respondents reporting that they have a very favorable or somewhat favorable opinion of Trump, answers were more mixed when it came to assessments of Biden’s performance over the past four years and his party’s record of protecting queer and trans Americans.

Forty-five percent of respondents said the Biden-Harris administration has performed better than they expected, while 47 percent said the administration’s record has been worse than they anticipated. A greater margin of trans adults in the survey — 52 vs. 37 percent — said their expectations were not met.

Seventy precent of all LGBTQ respondents and 81 percent of those who identify as trans said the Democratic Party should be doing more for queer and trans folks, while just 24 percent of all survey participants and 17 percent of trans participants agreed the party is already doing enough.

With respect to the issues respondents care about the most when deciding between the candidates on their ballots, LGBTQ issues were second only to the economy, eclipsing other considerations like abortion and threats to democracy.

These answers may reflect heightened fear and anxiety among LGBTQ adults as a consequence of the dramatic uptick over the past few years in rhetorical, legislative, and violent bias-motivated attacks against the community, especially targeting queer and trans folks.

The survey found that while LGBTQ adults are highly motivated to vote in November, there are signs of ennui. For example, enthusiasm was substantially lower among those aged 18 to 24 and 25 to 39 compared with adults 40 and older. And a plurality of younger LGBTQ respondents said they believe that neither of the country’s two major political parties care about them.

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Politics

Court records raise concerns about right-wing TikTok investor’s influence

Jeff Yass is a Pa. billionaire who has funded anti-LGBTQ causes

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Jeff Yass (Screen capture: Susquehanna International Group/YouTube)

The role played by Pennsylvania billionaire Jeff Yass in the creation of TikTok might be far greater than was previously understood, according to new reporting that raises questions about the extent of the right-wing megadonor’s influence over matters at the intersection of social media, federal regulations, and electoral politics.

In 2012, Yass’s firm, Susquehanna International Group, spent $5 million for 15 percent of the short-form video hosting platform’s Chinese-owned parent, ByteDance. In the years since, as TikTok grew from a nascent startup to a tech giant with 1.5 billion active monthly users and an estimated $225 billion valuation, Yass and his firm pocketed tens of billions of dollars.

Beyond the size of Susquehanna’s ownership stake, little was known about its relationship with ByteDance until documents from a lawsuit filed against the firm by its former contractors were accidentally unsealed last month, leading to new reporting by the New York Times on Thursday that shows Susquehanna was hardly a passive investor.

In 2009 the firm used a proprietary, sophisticated search algorithm to build a home-buying site called 99Fang, tapping software engineer and entrepreneur Zhang Yiming to serve as its CEO. The company folded. And then, per the Times’s review of the court records, in 2012 Susquehanna picked Yiming to be the founder of its new startup ByteDance and repurposed the technology from 99Fang for use in the new venture.

Importantly, the documents do not provide insight into Yass’s personal involvement in the formation of ByteDance. And Susquehanna denies that the company’s search algorithm technologies were carried over from the real estate venture — which, if true, would presumably undermine the basis for the lawsuit brought by the firm’s former contractors who are seeking compensation for the tech used by ByteDance.

Questions about Yass’s influence come at a pivotal political moment

In recent weeks, federal lawmakers have moved forward with a proposal that would force ByteDance to divest TikTok or ban the platform’s use in the U.S. altogether, citing the potential threats to U.S. national security interests stemming from the company’s Chinese ownership.

The bill was passed on March 13 with wide bipartisan margins in the House but faced an uncertain future in the Senate. However, on Wednesday, House Speaker Mike Johnson (R-La.) announced plans to fold the proposal into a measure that includes foreign aid to Ukraine, Israel, and Taiwan, likely bolstering its chances of passage by both chambers.

Last month, shortly after meeting with Yass at his home in Mar-a-Lago, former President Donald Trump changed his longtime stance and came out against Congress’s effort to break up or ban TikTok. The timing led to speculation about whether the billionaire businessman was behind Trump’s change of heart, perhaps by contributing to the cash-strapped Republican presidential nominee’s electoral campaign or through other means.

Meanwhile, Yass has emerged as the largest donor of the 2024 election cycle. A coalition of public interest and government watchdog groups have called attention to the vast network of right-wing political causes and candidates supported by the billionaire, often via contributions funneled through dark money PACs that are designed to conceal or obscure the identities of their donors.

The Action Center on Race and the Economy, Make the Road, POWER Metro: Faith in Action, Free the Ballot, and Little Sis launched a website called All Eyes on Yass that features research into the various causes he supports, along with insight into the networks connecting the entities funded by his contributions.

Broadly, in Pennsylvania they fall into five categories: Advocacy against reproductive freedom and LGBTQ rights via the Pennsylvania Family Institute, lobbying on behalf of oil and gas industry interests by the Pennsylvania Manufacturers’ Association, anti-union groups supported by Commonwealth Partners, a privately owned registered investment advisory firm/independent broker-dealer, the Commonwealth Foundation for Public Policy Alternatives, which seeks to privatize public schools and defeat proposed increases to the minimum wage, and the Citizens Alliance of Pennsylvania, which advocates for lowering taxes on corporations and the rich.

Additionally, All Eyes on Yass reports that the billionaire has given massive contributions to Club for Growth and direct spending to support the electoral campaigns of right-wing Republicans including Florida Gov. Ron DeSantis; U.S. Sens. Ted Cruz (Texas), Rand Paul (Ky.), and Josh Hawley (MO); U.S. Rep. Lauren Boebert (Colo.), and former U.S. Rep. Madison Cawthorn (N.C.).

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Congress

Lawmakers champion drug policy reforms at National Cannabis Policy Summit

Congressional leaders pledged their support for decriminalization

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U.S. Rep. Barbara Lee (D-Calif.), second from left (Washington Blade photo by Christopher Kane)

Speaking at the 2024 National Cannabis Policy Summit on Wednesday, congressional leaders pledged their support for proposals to remedy the harms of America’s War on Drugs while protecting cannabis users and cannabis businesses that are operating under a fast-evolving patchwork of local, state, and federal laws.

Overwhelmingly, the lawmakers who attended the conference at the Martin Luther King Jr. Memorial Library in D.C. or delivered their remarks virtually were optimistic about the chances of passing legislative solutions in the near-term, perhaps even in this Congress.

Participants included U.S. Sens. Raphael Warnock (D-Ga.), Jeff Merkley (D-Ore.), Elizabeth Warren (D-Mass.), and Senate Majority Leader Chuck Schumer (D-N.Y.), along with U.S. Reps. Eleanor Holmes Norton (D-D.C.), Earl Blumenauer (D-Ore.), and Barbara Lee (D-Calif.), who co-chairs the Congressional Cannabis Caucus and was honored at the event with the Supernova Women Cannabis Champion Lifetime Achievement Award. Republicans included an aide for U.S. Rep. David Joyce (R-Ohio) who was featured in an afternoon panel discussion about the cannabis policy landscape on Capitol Hill.

Each of the members have long championed cannabis-related policy reforms, from Merkley’s SAFER Banking Act that would allow cannabis businesses to access financial services (thereby affording them the critically important protections provided by banks) to Lee’s work throughout her career to ameliorate the harms suffered by, particularly, Black and Brown communities that have been disproportionately impacted by the criminalization of marijuana and the consequences of systemic racism in law enforcement and the criminal justice system.

The lawmakers agreed America is now at an inflection point. Democratic and Republican leaders are coming together to support major drug policy reforms around cannabis, they said. And now that 40 states and D.C. have legalized the drug for recreational or medical use, or both, the congress members stressed that the time is now for action at the federal level.

Last summer, the U.S. Department of Health and Human Services issued a formal request to re-categorize marijuana as a Schedule III substance under the rules and regulations of the Controlled Substances Act, which kicked off an ongoing review by the Biden-Harris administration. Since the law’s enactment in 1971, cannabis has been listed as a Schedule I substance and, therefore, has been subject to the most stringent restrictions on and criminal penalties for its cultivation, possession, sale, and distribution.

Merkley acknowledged that re-scheduling would remedy the Nixon administration’s “bizarre” decision to house marijuana under the same scheduling designation as far more harmful and addictive drugs like heroin — and noted that the move would also effectively legalize biomedical research involving cannabis. However, the senator said, while re-scheduling “may be a step in the right direction, it’s not de-scheduling” and therefore would not make real inroads toward redressing the harms wrought by decades of criminalization.  

Likewise, as she accepted her award, Lee specified that she and her colleagues are “working night and day on the legalization, not re-scheduling.” And her comments were echoed by Warren, who proclaimed in a prerecorded video address that “de-scheduling and legalizing cannabis is an issue of justice.”

Congressional Republicans have blocked legislation to legalize marijuana, the Massachusetts senator said, “and that is why the scheduling is so important,” as it might constitute a “tool that we can use to get this done without Republican obstruction.”

Warren, Merkley, and Schumer were among the 12 Senate Democrats who issued a letter in January to the U.S. Drug Enforcement Administration requesting transparency into its re-scheduling process while also, more importantly, demanding that the agency fully de-schedule cannabis, which would mean the drug is no longer covered by the Controlled Substances Act.

However, in a possible signal of political headwinds against these efforts, their Republican colleagues led by U.S. Sen. Mitt Romney (R-Utah) responded with a letter to DEA Administrator Anne Milgram “highlighting concerns over HHS’s recommendation to reschedule marijuana from a Schedule I to Schedule III-controlled substance.” The GOP signatories, all of whom serve on the Senate Foreign Relations Committee, also sought to “underscore the Drug Enforcement Administration’s (DEA) duty under the Controlled Substances Act (CSA) to ensure compliance with the United States’ treaty obligations under the Single Convention on Narcotic Drugs.”

As Norton noted during her prepared remarks, elected Democrats are not necessarily always on the same page with respect to expanding access to economic opportunity facilitated by cannabis. For instance, though President Joe Biden had promised, during his State of the Union address this year, to direct his “Cabinet to review the federal classification of marijuana, and [expunge] thousands of convictions for mere possession,” Norton blamed Biden along with House Republicans for provisions in the federal budget this year that prohibit D.C. from using local tax dollars to legalize cannabis sales.

A non-voting delegate who represents the city’s 690,000 residents in the House, Norton called the president’s position “deeply disappointing,” particularly considering his record of supporting “D.C. statehood, which would allow D.C. to enact its own policies without congressional interference” and grant its residents voting representation in both chambers of Congress. She added that the majority of Washingtonians are Black and Brown while all are held responsible for “the obligations of citizenship including paying federal taxes.”

Norton said the city should also have the power to grant clemency for crimes committed in the District, including cannabis-related crimes — power that, currently, can only be exercised by the president.

Some Republican lawmakers have been at the forefront of efforts to reform harmful cannabis regulations. For instance, a participant in a mid-afternoon panel pointed to the CURE Act, a bill introduced by U.S. Reps. Nancy Mace (R-S.C.) and Jamie Raskin (D-Md.) that would prohibit the federal government from denying security clearances based on applicants’ past or current use of cannabis.

While securing statehood for D.C. and de-scheduling cannabis via legislation or administrative action are perhaps, at least for now, a heavy lift, Merkley pointed to promising new developments concerning his SAFER Banking Act.

The Oregon senator first introduced the measure, then titled the SAFE Banking Act, in 2019, and he said the legislation’s evolution into its current iteration was difficult. “Regulators don’t want to be told what to do,” Merkley said, and negotiations with these officials involved “nitty-gritty arguments over every word.”

Pushback also came from one of Merkley’s Democratic colleagues. In September, Warnock, who is Georgia’s first Black U.S. senator, voted “no” on the 2023 version of the SAFER Banking Act, writing: “My fear is that if we pass this legislation, if we greenlight this new industry and the fees and the profits to be made off of it without helping those communities” most harmed by the War on Drugs “we will just make the comfortable more comfortable.”

Warnock’s statement followed his pointed remarks expressing concerns with the legislation during a Senate Banking Committee hearing.

“Let me be very clear,” he said, “I am not opposed to easing or undoing federal restrictions around cannabis. And I would support all of the provisions and reforms in this legislation if paired with broader cannabis reforms that substantively address the issue of restorative justice. This bill does not do that.”

At this point, however, the latest version of the SAFER Banking Act has advanced out of committee and earned the support of Senate leaders including Schumer and much of the Republican conference.

“This is the moment,” he said. “Let’s not let this year pass without getting this bill — the safer banking bill — through the House, through the Senate, and on the president’s desk.”

In her remarks, Lee also discussed the importance of business and industry-wide reforms like those in Merkley’s bill.

“We have to make sure that the cannabis industry is viewed by everyone, especially our federal government, as a legitimate business,” Lee said. “Legitimate, which deserves every single aspect of financial services that any legitimate business deserves and has access to.”

Like Warnock, the congresswoman also highlighted how these financial and business considerations intersect with “equity issues,” as “those who have been most impacted by this horrible War on Drugs” must “become first in line for the businesses and for the jobs and for the economic opportunity the cannabis industry provides.”

Reflecting on her experience introducing the Marijuana Justice Act in 2019, which was Congress’s first racial justice cannabis reform bill, Lee remembered how “everyone was like, ‘why are you doing this? It’s politically not cool.’” Her legislation sought to end the federal criminalization of marijuana, expunge the criminal records of those convicted of cannabis-related crimes, and reinvest in communities that have suffered disproportionately from the War on Drugs.

The congresswoman said she explained to colleagues how the bill addressed “many, many layers” of often-intersecting problems linked to federal cannabis policy, telling them: “This is a criminal justice issue, a racial justice issue, an issue of equity, a medical issue, a veterans’ issue, and an issue of economic security.”

Two years later, with a 220-204 vote, the House successfully passed the Marijuana Opportunity Reinvestment and Expungement Act, a comprehensive bill introduced by U.S. Rep. Jerry Nadler (D-N.Y.) and to the Senate by then-U.S. Sen. Kamala Harris (D-Calif.). The measure included Lee’s Marijuana Justice Act.

“This bill is the product of many, many years of advocacy for federal cannabis reform and equity,” she said in a statement celebrating the bill’s passage. “Make no mistake: This is a racial justice bill. It’s about the thousands of people of color who sit in jail for marijuana offenses while others profit. It’s about finally repairing the harms of the War on Drugs on communities and families across the country.”

“We’ve come a long way,” she told the audience on Wednesday. “And now we have a long way to go.”

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